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[+] Four Keys... - Wendi See/SC (5 replies)
10/1/2007 8:08:46 PM (4145 views)

[+] Titlesearch USA -- anybody have input? - Alix Ott/MI (5 replies)
10/1/2007 5:52:07 PM (3063 views)

[+] National Title Net - Kristi Lee/NE (3 replies)
10/1/2007 4:17:28 PM (2997 views)

[+] WWYD (What would YOU do)? - Scott Perry/PA (15 replies)
9/29/2007 3:00:27 PM (3069 views)

[+] End of the Slump - Kevin Ahern/CT (8 replies)
9/27/2007 3:01:37 PM (3252 views)




[+] Fee Reductions Anger Abstractors, Examiners...Article from The Title Report - Jay Duncan/MO (9 replies)
9/26/2007 1:51:16 PM (3125 views)

[+] A little frustrated here this a.m. - David Chisolm/MS (22 replies)
9/26/2007 5:57:49 AM (2956 views)

[+] Gallows Humor? - Kevin Ahern/CT (4 replies)
9/25/2007 2:37:07 PM (6038 views)

[-] Do Judgments always attach? - Thomas W/FL (18 replies)
9/25/2007 10:25:15 AM (2946 views)
Re: Do Judgments always attach? - Kevin Ahern/CT
9/25/2007 10:54:41 AM (3227 views)

In Connecticut judgments in small claims are effective for 10 years. Judgments in the Superior Court are effective for 20 years. Provided the trial court had jurisdiction over the person of the Defendant...the judgment attaches to the person of the Defendant upon expiration of his appeals period (20 days following entry of judgment by the trial court). There is no appeal from the small claims court in Connecticut., but review of the trial court's judgment can be accomplished by filing a writ of error within two weeks of the small claims court's entry of judgment.

Following the entry of judgment and expiration of the appeals period, there are a number of remedies available to a Connecticut Plaintiff. He can seek immediate recovery of damages through  executions ( property, bank or wage). He can also secure the judgment by recording a judgment lien (in the town hall in which defendant's real estate is located and in the office of the Secretary of State to encumber the Defendant's personal property). This will make the Plaintiff a secured creditor in the event that Defendant files for bankruptcy, and the Defendant does not file within the required period of time to discharge the judgment lien as a preferential transfer. It will also make it difficult for the Defendant to seek an extension of credit ( bank loan, car loan, mortgage, credit cards).

There is also the matter of discovery of assets which the Defendant may try to hide. The Plaintiff can serve the Defendant with a post judgment motion for examination of judgment debtor in which he can force the Defendant to disclose all of his accounts, books, and property records. If the Defendant fails to show up for the examination, the Plaintiff can have a capias issued for the arrest and detention of the Defendant until the Plaintiff can reschedule the motion for examination of judgment debtor. Might  be another 30 to 60 days. During that time the Defendant is locked up in the general prison/jail population along with drug dealers, armed robbers and other desperate characters.  I remember one individual that was locked up in New Haven in a cell with someone that was so violent that he had to be handcuffed to the cell to prevent him from hurting other prisoners. The defendants usually become very anxious to pay the judgment within a few hours/days following incarceration.

It would seem that it would be necessary to record the judgment lien in order to give third parties constructive notice that the judgment encumbered the property, but other states may differ from Connecticut.
If the abstractor missed the judgment lien in his search, and the judgment lien were properly recorded...then I would say he is liable for it. In Connecticut judgment liens need to be refiled/renewed every five years for the appropriate period for which the judgment is effective.

 

 

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Re: Do Judgments always attach? - STEVE MEINECKE/VA
9/25/2007 11:45:36 AM (3140 views)
Steve/Kevin - Thomas W/FL
9/25/2007 12:07:53 PM (3064 views)
Re: Steve/Kevin - Kevin Ahern/CT
9/25/2007 12:19:24 PM (3232 views)
Re: Steve/Kevin - Thomas W/FL
9/25/2007 1:17:13 PM (3114 views)
Re: Steve/Kevin - Wanda Steudel/OH
9/25/2007 3:02:44 PM (3208 views)
Re: Steve/Kevin - STEVE MEINECKE/VA
9/25/2007 3:04:03 PM (3172 views)
Re: Do Judgments always attach? - David Robertson/VA
9/25/2007 5:25:20 PM (2933 views)
You won't believe this... - Thomas W/FL
9/25/2007 5:33:13 PM (3080 views)
Re: You won't believe this... - Kevin Ahern/CT
9/25/2007 6:12:20 PM (3162 views)
Re: You won't believe this... - Thomas W/FL
9/25/2007 11:43:30 PM (3197 views)
Re: Do Judgments always attach? - David Chisolm/MS
9/26/2007 12:35:22 AM (3220 views)
Re: Do Judgments always attach? - David Chisolm/MS
9/26/2007 12:35:23 AM (3197 views)
Re: Do Judgments always attach? - Steph/RI
10/2/2007 9:42:58 AM (3338 views)
Abstractor Humor - Deborah Manion/VA
10/3/2007 11:22:06 AM (3349 views)
Re: Abstractor Humor - Kevin Ahern/CT
10/3/2007 12:42:19 PM (3466 views)
Re: Abstractor Humor - Patrick Scott/IL
10/3/2007 1:13:05 PM (3398 views)
Re: Abstractor Humor - Scott Perry/PA
10/3/2007 5:29:19 PM (3316 views)

[+] Datatrace - Barbara Bennett/IN (10 replies)
9/24/2007 1:42:05 PM (3031 views)

[+] So ATM is Now Servicelink? - DS/NC (7 replies)
9/24/2007 1:10:32 PM (3232 views)

Lost another one, Nationstar - Amy Tatusko/VA
9/24/2007 12:52:13 PM (3372 views)

[+] Equifax fee redux ???? - george Hubka/MI (4 replies)
9/21/2007 11:03:24 PM (2846 views)

[+] TITLE PLANT - LAWANDA  MCMILLIAN/AR (5 replies)
9/21/2007 10:33:43 AM (2954 views)

[+] What would you include? - Amy Tatusko/VA (5 replies)
9/21/2007 8:50:19 AM (2740 views)


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